HomeMy WebLinkAboutOrdinance 27850-08-2025ORDINANCE NO.27850-08-2025
AN ORDINANCE REPEALING ORDINANCE NO. 25934-01-2023
AND ADOPTING A SEWER PER ACRE CHARGE IN
ACCORDANCE WITH CHAPTER 35, ARTICLE III, DIVISION 3,
SEWER PER ACRE CHARGES, SECTIONS 35-81 THROUGH 35-86
OF THE CITY CODE, FOR THE 3,708 ACRES SERVED BY
DEVELOPER SEWER MAIN PROJECT ("HANNA RANCH M-295
& M-329 SANITARY SEWER INTERCEPTOR IMPROVEMENTS")
LOCATED NEAR 7819 ANGLIN DR; MAKING THIS ORDINANCE
CUMULATIVE OF OTHER ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 14, 2002, the City Council adopted City of Fort Worth
Ordinance No. 15095 providing for the adoption of per acre charges when certain
criteria are met, codified as Chapter 35, Article III, Division 3, Sewer Per Acre Charges,
Sections 35-81 through 35-86 of the City Code; and further amended by City Ordinance
No. 21251 on or about May 20, 2014; and
WHEREAS, Legends of Hanna Ranch, Ltd., hereinafter referred to as
"Developer", is constructing an offsite sanitary sewer main (City Project Number
102152, Unit 1) "Hanna Ranch M-295 & M-329 Sanitary Sewer Interceptor
Improvements" located near 7819 Anglin Dr.;
WHEREAS, previous sewer per acre charge Ordinance No. 25934-01-2023 is
to be repealed in order to increase per acre charge amount.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
The City Council finds, in accordance with Chapter 35, Article III, Division 3,
Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code, the Developer is
installing 1,839 linear feet of 36-inch, 8,336 linear feet of 30-inch, and 5,615 linear feet of
21-inch diameter sewer pipe, as part of M-295 & M-329 sewer interceptor improvements,
to serve the Hanna Ranch development and surrounding areas. The City cost participated
to upsize the entire sanitary sewer interceptor improvements. Further, the City Council
finds that the Sanitary Sewer Improvements will serve a calculated sewer basin area of
3,708 acres, such sewer basin being more fully described in the attached Exhibit "A", which
is attached hereto and made a part hereof for all purposes. This sewer main is located in the
City's Extraterritorial Jurisdiction and Council District 8.
SECTION 2.
The City Council finds that the cost to install the sanitary sewer mams Is
$18,516,429.48. In accordance with Chapter 35, Article III, Division 3, Sewer Per Acre
Charges, Sections 35-81 through 35-86 of the City Code, the City Council hereby
establishes the amended sewer per acre charge within this sewer basin to be $4,993.64. This
sewer per acre charge wil I reimburse the Fort Worth Water Department and Developer.
SECTION 3.
The City Council hereby repeals Ordinance No. 25934-01-2023 in order to increase
the per acre charge served by the Hanna Ranch M-295 & M-325 sanitary sewer as stated in
this Ordinance.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas, as amended, except where the provisions of this ordinance
are in direct conflict with the provisions of such ordinances and such Code, in which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 6.
This ordinance shall be effective upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
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M. Kevin Anders, II Jannette S. Goodall
Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: August 12, 2025
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/12/25 M&C FILE NUMBER: M&C 25-0717
LOG NAME: 60HANNA RANCH M-295 AND M-329 SEWER PER ACRE CHARGE AMENDMENT
SUBJECT
(CD 8) Adopt Ordinance to Repeal Ordinance No. 25934-01-2023 and Establish an Amended Sewer Per Acre Charge in the Amount of
$4,993.64 Per Acre for Sanitary Sewer Interceptor Improvements M-295 and M-329 to Serve the Hanna Ranch Development and Surrounding
Areas, Pursuant to Chapter 35, Article III, Division 3, Sections 35-81 through 35-86 of the City Code
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to repeal Ordinance No. 25934-01-2023 and establish $4,993.64 as the
sewer per acre charge for the sanitary sewer interceptor improvements to serve the Hanna Ranch development and surrounding areas for this per
acre charge in accordance with Chapter 35, Water and Sewer, Article III, Division 3, Section 35-81 through 35-86 of the City Code.
DISCUSSION:
In 2023, by Mayor and Council Communication (M&C 23-0050), the City Council adopted an ordinance establishing a sewer per acre charge to
reimburse the City and the Developer, Legends of Hanna Ranch, Ltd., for its costs involved with upsizing the sewer main interceptor to serve the
Hanna Ranch Development (Ordinance No. 25934-01-2023) (the "Ordinance.") Under the Ordinance, five percent (5%) of the Developer's costs
were reimbursable, and ninety-five percent (95%) of the City's costs were reimbursable. The calculated per acre charge was $2,173.35.
The Developer's construction company is no longer involved with this project, which has been re -bid and is being built as a capital improvement
project. The new construction contract amount has increased. Therefore, the City must repeal the Ordinance and enact a new ordinance
to establish a new sewer per acre charge to allow the City to be reimbursed for the additional increase in costs. The calculated sewer basin area
of 3,708 acres will remain unchanged.
This M&C will amend the previously established sewer per acre charge for the sewer main interceptor improvements to serve the Hanna Ranch
development and surrounding areas. The qualified costs are outlined below:
City City Developer Acres
Project Secretary City Total Per Acre
No. Contract No.
Construction 55841 102152 $380,367.76 $1,934,759.73
Costs
Engineering 53891 102152
$843,767.84
Costs
Construction 61758 102152
$14,438,269.50
Costs
Change 61758- 102152
$634,945.10
Order 1 CO1
Easements 102152 $284,319.55
New Total 1$380,367.76 $18,136,061.72 $18,516,429.48 3708 $4,993.64
The net acreage of the calculated sewer basin is 3,708 acres, which is depicted in the drainage map attached to this M&C. By dividing the costs
above by the number of acres in the sewer basin, the sewer per -acre charge for the revised Hanna Ranch M-295 and M-329 interceptor
improvements is $4,993.64 per acre. The previously adopted sewer per acre charge was $2,173.35 per acre.
The percentage of the per acre charge collected that will be eligible to be reimbursed shall be two percent (2%) to Legends of Hanna Ranch, Ltd.
and ninety-eight percent (98%) to the Fort Worth Water Department. The collection period for the Developer shall be 20 years or until the
Developer receives the maximum reimbursable amount, whichever comes first.There is no restriction to the time period for the reimbursement to
the Fort Worth Water Department. The City's collection of the sewer per acre charge will end when the City's has collected its maximum
reimbursable amount.
A sewer per acre charge shall be assessed on each acre within the calculated sewer basin area served by a sewer approach main or by a sewer
main constructed under a city initiated project, without exclusion or reduction.
The wastewater collection main is located in the City's Council District 8.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and establishment of the charge, funds will be deposited into
the Water & Sewer Fund. The Water Department (and Financial Management Services) is responsible for the collection and deposit of funds due
to the City.
Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804
Oriainatina Business Unit Head: Chris Harder 5020
Matt Kusnir 8219
Additional Information Contact: Makayla Johnson 6529